Senate Bill S1058

2019-2020 Legislative Session

Creates the crime of reckless endangerment of the public health for recklessly transmitting HIV/AIDS

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S1058 (ACTIVE) - Details

See Assembly Version of this Bill:
A5794
Law Section:
Penal Law
Laws Affected:
Amd §§10.00 & 70.25, add §§120.26, 120.27, 120.28 & 170.36, Pen L; amd §1.20, add §160.46, CP L; amd §§71 & 141, add §141-a, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3407
2011-2012: S745
2013-2014: S2189, A8758
2015-2016: S2996, A5300
2017-2018: S844, A4686
2021-2022: S3646, A8312
2023-2024: S1310, A2688

2019-S1058 (ACTIVE) - Summary

Creates crimes of reckless endangerment of public health with respect to HIV/AIDS transmission; creates crime of filing false instrument with respect to HIV/AIDS; provides for HIV/AIDS testing for alleged sex offenders and public health offenders; provides for contagious disease testing for persons in the custody of the department of corrections

2019-S1058 (ACTIVE) - Sponsor Memo

2019-S1058 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1058
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced by Sens. YOUNG, O'MARA, RANZENHOFER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend  the  penal  law,  the criminal procedure law and the
   correction law, in relation to criminalizing the reckless transmission
   of HIV/AIDS and to require  testing  for  AIDS  and  HIV  for  certain
   persons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative intent.  The legislature finds  that  HIV/AIDS
 infection poses a serious threat to the public health of all New Yorkers
 whenever  HIV/AIDS  infected  persons act in a manner which is likely to
 spread this horrible disease to other persons.   When HIV/AIDS  infected
 persons commit such actions as having unprotected sex or sharing needles
 without  the  consent of their partners, they endanger the public health
 and frustrate the efforts of health officials to contain and, hopefully,
 reverse the spread of HIV/AIDS.
   The legislature further finds that in order to allow  the  victims  of
 alleged  sex  crimes or crimes which endanger their health to obtain the
 most effective health care treatment, the HIV status of their  offenders
 must be determined.
   The  legislature further finds that the increasing reports of acquired
 immune deficiency syndrome, human immunodeficiency  virus,  tuberculosis
 and  hepatitis in state correctional facilities have reached an alarming
 level.  These inmates and others who may have an undiagnosed case of any
 of these syndromes, diseases or viruses are extremely detrimental to the
 health, safety and welfare of the correction officers  and  other  staff
 who  work  in  such  facilities  as well as inmates who are incarcerated
 therein.  In order to maintain proper security and  working  conditions,
 the  legislature  hereby  declares  that  all  inmates  presently  under
 confinement and all inmates to be newly admitted to  the  department  of
 corrections  and  community supervision must be expeditiously tested for
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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